Czasopismo Prawno-Historyczne
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Ordynacja sieroca królewskiego miasta Chojnice z 1727 roku
Get PDFOrdynacja sieroca królewskiego miasta Chojnice z 1727 rok
Reforma rolna po drugiej wojnie światowej. Ustawodawstwo państwa polskiego
Get PDFAgrarian reforms in Central Europe date back to the 19th century. They were connected with the abolition of personal serfdom, socage as well as of rentification, and ultimately granting the peasants land which they farmed previously. These reforms were carried out on the Polish lands during the partition period. As a result, the course of the changes and the resulting agrarian structure was significantly different in the territory of the Polishstate that was created after the First World War. Later, a land reform was carried out in the Second Polish Republic. Initially, it was done on the basis of the Act of 15 July 1920 which announced the implementation of the land reform. Subsequently, the land reform issued was associated with the implementation of the Act of 17 March 1921 of the Polish Constitution.Its provisions deviated from those in the act of 1920. In particular, it concerned the amount of indemnity paid to landowners. The implementation of the land reform was mainly impeded during the Great Depression. This economic depression also resulted in a substantial fall in the profitability of the agricultural farms. As a consequence, the land reform did not result in significant changes in the agrarian structure of the Second Polish Republic.During the Second World War in 1944, the Polish Committee of National Liberation issued a manifesto in which, inter alia, it announced the introduction of an agrarian reform. Subsequently, on the 6th of September 1944, the Polish Committee of National Liberation issued a decree on the land reform. According to the aforementioned document, the purpose of the reform was to pass agricultural holdings exceeding a certain size to theownership of the state. Moreover, this process was carried out without any compensation to the previous owners. As a result of the implementation of the land reform, the National Land Fund was established in order to manage the land holdings collected in this manner. The proceedings concerning the reform were administrative in character which effectively prevented the former landowners from filing a court case at the time. Furthermore, the agricultural reform in the so-called “Recovered Territories”, which were attached to thePolish state as a result of the Potsdam Conference in 1945, was carried out in a different way. It was not until the 6th of September 1946 that a decree was issued on the agricultural system and settlement on the lands of the Recovered Territories and the former Free City of Danzig. The decree was a special regulation relating to the Decree on Agrarian Reform. Its primary purpose was to enable the settlement of those lands as quickly as possible.Therefore, a different procedure was implemented for transferring land to the settlers in those areas. The land reform period after World War II, from a legal standpoint, ended with the release of legal acts between 1957 and 1958. It is also worth mentioning that during that period the forests and the real estate belonging to the church were separately nationalized (respectively by the 1944 decree and by the Church Estate Act of 1950). The agrarian reform, announced in the Manifesto of the Polish Committee of National Liberation, significantly changed the agrarian and social structure of the Polish state after the Second World War. It is estimated that 30% of the land made available to peasants came from the land reform. At the same time, it resulted in the decrease of the importance of the landowners. It should also be noted that the aforementioned legal regulations pertaining to the land reform remain in force in the currently binding law
„Obecność” średniowiecza w kształceniu studentów wydziałów prawa
Get PDFThe subject matter of the Middle Ages is permanently present in the education of law students in Poland. It appears during the following classes: the history of Polish law, the general history of law, the history of political and legal doctrines. The medieval tradition can be inspiring for logicians and methodologists of science. The students of administration and internal security also better understand contemporary legal institutions if they are compared with examples from the Middle Ages
Jerzy Migdał, Polski system penitencjarny w latach 1918-1928, 2011
Get PDFJerzy Migdał, Polski system penitencjarny w latach 1918-1928, 201
Ocalenie Republiki. Charles de Gaulle wobec tradycji republikańskiej (1940-1946)
Get PDFContrary to the common belief, the Fifth Republic could not be established as a Republican monarchy. In France the idea of a republic was created by the French Revolution and its values were shaped in the fundamental confrontation with the monarchist tradition. The specifically understood idea of a nation’s sovereignty the formation of which was influenced by Rousseau’s though, as well as the ideas of the indivisibility and lay character of the republic, constituted a completely new model of statehood. In such a situation, the synthesis of antagonistic traditions was not possible. Although de Gaulle had been brought up in a family of pro-monarchist attitudes, he followed the state patriotism idea and was a supporter of the Republic as a durable basis for France’s existence. His views matured under the influence of French Republican nationalists Charles a Peguy and Maurice Barres, who inspired young de Gaulle and shaped his state patriotism. Later in his life de Gaulle’s idea was not so much to reconcile the monarchist and the republican tradition, but to create a republic that would integrate different families of ideas. This concept was also induced by manner of understanding the role of Christian obligations due to the public sphere. Following the spirit of the Catholic-liberal “Correspondent” de Gaulle believed that in the world shaped by the Revolution’s heritage Christian ideas do not need to be deemed to be defeated. During World War II, de Gaulle, then the leader of Free France, consistently strengthened the French Republican tradition in the Vichy dispute. In the years 1944-1946, as head of the temporary government, he made sure that Republican principles constituted the foundations of the post-war France. De Gaulle developed the state model of economy and the social character of the French republic. His decisions laid the Republican principles in the French Constitution and refer clearly to the Declaration of Human and Civil Rights of 1989 in both French post war constitutions. That is why the 5th Republic could only be established as an institutional variation within the framework of the Republican axiology
Zawarcie małżeństwa mieszanego wyznaniowo według prawa małżeńskiego z 1836 roku
Get PDFThe thesis discusses the signifi cant question of inter-denominational marriages in Poland prior to 1946. Until the end of 1945, the laws in force in Poland were the 19th-century statutes. They had been enacted by the neighbouring countries (Austria, Russia and Prussia) that partitioned the Polish territory in the second half of the 18th century. In the Polish lands enjoying some autonomy in the Russian Empire, the regulation of marriage was based on the religious principles of 1836. Under the 1836 statute, there could be no civil marriage that would not produce a confessional effect. Consequently, the regulation of marriage had to combine confessional and civil effects into single norms and the legislative authorities had to provide for mechanisms correlating such effects. This applied to both the conclusion and dissolution of marriage. In these matters, the Roman Catholic Church adopted an uncompromising stance following from its belief in the special theological character of the sacrament of marriage
Praworządny jak Tatarzyn? Stosunki prawne w Chanacie Krymskim na podstawie miejscowych ksiąg sądowych z XVII wieku
Get PDFThe purpose of this paper is to outline the legal practice in the Crimean Khanate in the 17th century. This longest surviving Eastern European post-Genghis state is a very interesting case for any student of the history of political systems and law. This is because its law and state institutions were based on both Mongolian and Islamic-Ottoman models, producing a highly original system. The study is based on rich data surviving in Crimean court registers from the reign of Khan Murad Giray (1678-1683). Treating them as ancillary sources, it makes use of selected entries in other surviving Crimean court registers from 1608-1783 supplemented by information taken from other sources: Tatar, Ottoman and European. The study attempts to fi nd answers to the following questions: who, against whom and in what types of cases, appeared in a given type of court in the Khanate. Answering these questions reveals not only what everyday life of the Khan’s subjects, coming from various social groups, looked like, but also what principles were followed by the Khanate’s legal system and administration. The collected data shows that the Khan fulfi lled the basic duty of any Muslim ruler and gave his subjects access to courts and ensured that law was obeyed. The Khanate was divided into judicial circuits (kazas) in which the highest-ranking offi cial was a judge (kadi). Subjects could also approach the highest judge (cadiasker) about a matter that concerned them. However, there are reasons to believe that his judicial authority was restricted with respect to estates (beyliks) belonging to grand families (karachis) and when it came to this social group itself. The sources also indicate that the Khan’s judicial authority was restricted in lands supervised by a kalga – the fi rst deputy of the Khan chosen from among the members of the ruling dynasty. The study of the cases entered in the registers of a cadiasker court and the registers of a provincial court in Kara Su during the reign of Murad Giray, shows that the clients of the Khan’s justice were members of all social groups, men and women, Muslims and non-Muslims. The frequency in which people appeared in court and the types of cases they litigated, differed slightly depending on their social background, sex and religion. The paper attempts to explain these differences by carefully analysing the social background of parties, their place of residence, sex, types of cases and litigation strategies
